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International Law Reports

Volumes published under the title:

Vol. 1 (1919-22)

Vol. 2 (1923-24)

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Edited by Sir John Fischer Williams, KC, and H. Lauterpacht, LLD

Vol. 3 (1925-26)

Vol. 4 (1927-28)

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Edited by Arnold D. McNair, CBE, LLD, and H. Lauterpacht, LLD

Vol. 5 (1929-30)

Vol. 6 (1931-32)

Vol. 7 (1933-34)

Vol. 8 (1935-37)

Vol. 9 (1938-40)

Vol. 10 (1941-42)

Vol. 11 (1919-42)

Vol. 12 (1943-45)

Vol. 13 (1946)

Vol. 14 (1947)

Vol. 15 (1948)

Vol. 16 (1949)

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Edited by H. Lauterpacht, QC, LLD, FBA

Volumes published under the title: International Law Reports

Vol. 17 (1950)

Vol. 18 (1951)

Vol. 19 (1952)

Vol. 20 (1953)

Vol. 21 (1954)

Vol. 22 (1955)

Vol. 23 (1956)

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Edited by Sir Hersch Lauterpacht, QC, LLD, FBA

Vol. 24 (1957)

Edited by Sir Hersch Lauterpacht, QC, LLD, FBA, and E. Lauterpacht

Vol. 25 (1958-I)

Vol. 26 (1958-II)

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Edited by E. Lauterpacht, QC

Vols. 27-68 and Consolidated Tables and Index to Vols. 1-35 and 36-45 Edited by E. Lauterpacht, QC

Vols. 69-150 and Consolidated Index and Consolidated Tables of Cases and Treaties to Vols. 1-80, Vols. 81-100 and Vols. 1-125 Edited by Sir Elihu Lauterpacht, CBE, QC, LLD, and Sir Christopher Greenwood, CMG, QC

Vols. 151-2 Edited by Sir Elihu Lauterpacht, CBE, QC, LLD, Sir Christopher Greenwood, CMG, QC, and K. L. Lee

Sir Elihu Lauterpacht, CBE, QC, LLD, Sir Christopher Greenwood, CMG, QC and Karen Lee

CAMBRIDGE UNIVERSITY PRESS
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Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York

www.cambridge.org
Information on this title: www.cambridge.org/9781107036758

© Sir Elihu Lauterpacht 2013

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2013

Printed and bound in the United Kingdom by the MPG Books Group

A catalogue record for this publication is available from the British Library

ISBN 978-1-107-03675-8 Hardback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Contents

Preface

The present volume contains the 2010 judgment of the International Court of Justice in Pulp Mills on the River Uruguay (Argentina v. Uruguay), together with the Court's earlier orders regarding the applications by each Party for provisional measures of protection. The jurisprudence of national courts is reflected in decisions from the courts of Australia (PT Garuda Indonesia), England (Pocket Kings, Sultan of Pahang, Wokuri and Gul), Kenya (Wakaba), Nigeria (Registered Trustees), the Seychelles (Osman), the United States (Baoanan and Swarna) and Zimbabwe (Commercial Farmers Union).

The Editors wish to thank the International Centre for Nigerian Law for its kind permission to publish the judgment in Registered Trustees. In addition, we are most grateful to the many people whose work has made this volume possible. Dr Chester Brown wrote the summary of the Garuda case. Miss Maureen MacGlashan, CMG compiled the Table of Treaties and the Index. Mrs Diane Ilott checked the copy and Mrs Jenny Macgregor read the proofs. Ms Karen Lee summarized the Wokuri and Gul cases from England, the cases from Kenya, Nigeria, the Seychelles, the United States and Zimbabwe, prepared the Tables of Cases and Digest and saw the volume through the press.

Finally, our thanks go to all the others who have worked to complete this volume, particularly our publishers, Cambridge University Press, and typesetters, Aptara, and their staff.

E. Lauterpacht
Lauterpacht Centre
for International Law, University of Cambridge

C. J. Greenwood
The Peace Palace, The Hague

K. L. Lee
Lauterpacht Centre
for International Law, University of Cambridge

August 2012

Editorial Note

The International Law Reports endeavour to provide within a single series of volumes comprehensive access in English to judicial materials bearing on public international law. On certain topics it is not always easy to draw a clear line between cases which are essentially ones of public international law interest and those which are primarily applications of special domestic rules. For example, in relation to extradition, the Reports will include cases which bear on the exception of “political offences” or the rule of double criminality, but will restrict the number of cases dealing with purely procedural aspects of extradition. Similarly, while the general rules relating to the admission and exclusion of aliens, especially of refugees, are of international legal interest, cases on the procedure of admission usually are not. In such borderline areas, and sometimes also where there is a series of domestic decisions all dealing with a single point in essentially the same manner, only one illustrative decision will be printed and references to the remainder will be given in an accompanying note.

Decisions of International Tribunals

The Reports seek to include so far as possible the available decisions of every international tribunal, e.g. the International Court of Justice, or ad hoc arbitrations between States. There are, however, some jurisdictions to which full coverage cannot be given, either because of the large number of decisions (e.g. the Administrative Tribunal of the United Nations) or because not all the decisions bear on questions of public international law (e.g. the Court of Justice of the European Union). In these instances, those decisions are selected which appear to have the greatest long-term value.

Human rights cases. The number of decisions on questions of international protection of human rights has increased considerably in recent years and it is now impossible for the Reports to cover them all. As far as decisions of international jurisdictions are concerned, the Reports will continue to publish decisions of the European Court of Human Rights and of the Inter-American Court of Human Rights, as well as “views” of the United Nations Committee on Human Rights. Decisions of national courts on the application of conventions on human rights will not be published unless they deal with a major point of substantive human rights law or a matter of wider interest to public international lawyers such as the relationship of international law and national law, the extent of the right of derogation or the principles of the interpretation of treaties.

International arbitrations. The Reports of course include arbitral awards rendered in cases between States which involve an application of public international law. Beyond this, however, the selection of arbitral decisions is more open to debate. As these Reports are principally concerned with matters of public international law, they will not include purely private law commercial arbitrations even if they are international in the sense that they arise between parties of different nationality and even if one of them is a State. (For reports of a number of such awards, see Yearbook Commercial Arbitration (ed. Albert Jan van den Berg, under the auspices of the International Council for Commercial Arbitration).) But where there is a sufficient point of contact with public international law then the relevant parts of the award will be reported. Examples of such points of contact are cases in which the character of a State as a party has some relevance (e.g. State immunity, stabilization clauses, force majeure) or where there is a choice of law problem involving discussion of international law or general principles of law as possible applicable laws. The same criteria will determine the selection of decisions of national courts regarding the enforcement of arbitral awards.

Decisions of National Tribunals

A systematic effort is made to collect from all national jurisdictions those judicial decisions which have some bearing on international law.

Editorial Treatment of Materials

The basic policy of the Editors is, so far as possible, to present the material in its original form. It is no part of the editorial function to impose on the decisions printed in these volumes a uniformity of approach or style which they do not possess. Editorial intervention is limited to the introduction of the summary and of the bold-letter rubric at the head of each case. This is followed by the full text of the original decision or of its translation. Normally, the only passages which will be omitted are those which contain either statements of fact having no bearing on the points of international law involved in the case or discussion of matters of domestic law unrelated to the points of international legal interest. The omission of material is usually indicated either by a series of dots or by the insertion of a sentence in square brackets noting the passages which have been left out.